Museum board attorney Sandra R. Robinson sought the case's dismissal after Tice ruled earlier this week that Celebrate Virginia could be a party to the case. Celebrate Virginia donated land in Fredericksburg where the museum is to be built.

Celebrate Virginia had filed a motion to convert the case to Chapter 7 or dismiss it.

Robinson's motion says the cost of converting the case to Chapter 7 would reduce the museum estate's value before any creditor is paid.

The motion also says a donor has agreed to pay about $250,000 in delinquent property taxes owed the city of Fredericksburg.